Biden Administration Overrules Trump Policy

National Immigrant Justice Center June 24, 2021



The Trump administration went through great lengths in order to limit asylum seekers ability to obtain protection in the United States. In the 2016 decision in the case of Matter of A-B which failed to properly address what circumstances would establish a victim to be recognized under a " particular social group." Attorney General Garland established a two part test to recognize persons that would be categorizes as a "particular social group" which follows:

"First, the applicant must demonstrate membership in a group, which is composed of members who share a common immutable characteristic, is defined with particularity, and is socially distinct within the society in question. And second, the applicant’s membership in that group must be a central reason for her persecution."

By utilizing the two part test Attorney General Garland was able to vacate the decision of Matter of A-B therefore reversing a Trump Era decision. AG Garland corrected the errors found in the Matter of A-B thus allowing asylum to be granted to those fleeing persecution.

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